Filing I-175 from OUTSIDE the US

[dianemda 0]

My daughter and I moved to Buffalo, from Toronto, while we filed for my Canadian husband (our lawyer said it would speed up the process). Well, my mom (whom we were staying with) retired to North Carolina before the approval came so my daughter and I moved back to Toronto with her Dad/my husband. We got the interview 3 months later, the approval and drove over the border to Buffalo to activate the green card. This was in October of 2006.

Although we filed my mom's new address in Charlotte as our formal "address" we have not yet moved there. We are now ready to move - a few economic roadblocks now removed - and my husband needs to file the I-175 sometime within the next say 6 weeks.

What I can not determine is - do I file in Charlotte (the "local" field office) or do I try to do this through the consulate in Toronto? (We are responsible people and felt it was financial suicide to move without securing employment for one of us first. BTW - I am an American.)

I am so frustrated, I have checked everywhere on the USCIS website and would really like to save the $500 additional that the lawyer wants to do this for us. The fees of $545 are enough.

[AussieDude 0]

I think you mean the I751 (not I175).

Anyhow, I'd strongly recommend that you file in the US (in fact, I don't think you can file from outside). You're filing for residency (to be more exact, removal of conditions on your husband's residency), and applying for US residency means you intend to reside in the US. If USCIS believes that you don't intend to be a resident, they may deny your application.

I know that you are intending to be a resident, but filing with a Canadian address may give the wrong impression. In fact, I'm curious as to how you resided outside for all this time. Are you going to be able to show evidence of joining your lives in the US? (eg joint bank accounts in the US, joint utility bills from the US, joint residence/lease/rental in US etc or similar). You might have plenty of evidence of joining your lives, but if they're in Canada, I don't know how USCIS will view that.

As to where to file, check the instructions for the I751, I think North Carolina probably falls under the Vermont Service Center for I751.

[Kathryn41 3,205]

My daughter and I moved to Buffalo, from Toronto, while we filed for my Canadian husband (our lawyer said it would speed up the process). Well, my mom (whom we were staying with) retired to North Carolina before the approval came so my daughter and I moved back to Toronto with her Dad/my husband. We got the interview 3 months later, the approval and drove over the border to Buffalo to activate the green card. This was in October of 2006.

Although we filed my mom's new address in Charlotte as our formal "address" we have not yet moved there. We are now ready to move - a few economic roadblocks now removed - and my husband needs to file the I-175 sometime within the next say 6 weeks.

What I can not determine is - do I file in Charlotte (the "local" field office) or do I try to do this through the consulate in Toronto? (We are responsible people and felt it was financial suicide to move without securing employment for one of us first. BTW - I am an American.)

I am so frustrated, I have checked everywhere on the USCIS website and would really like to save the $500 additional that the lawyer wants to do this for us. The fees of $545 are enough.

I don't wish to set up any unnecessary alarms, but you need to be aware that having resided in Toronto instead of taking up residency in the US may cause your husband problems. There is more to fulfilling the requirements of a Permanent Resident than just activating the visa at the border.

First, no- you cannot file from Toronto. The I-751 is to remove conditions on US residency - and by your own admission, you have not yet taken up US residency. That will be the main stumbling block - your husband activated the greencard but he hasn't fulfilled the requirements of living in the US - which is part of the requirements for a permanent resident. Living outside of the US without specific permission can lead to a revocation of the Green Card.

As well, when you file the I-751 you need to file things like joint tax returns, joint bank account statements, proof of rent or mortgage for a shared address, proof of joint utility bills, driver's licenses, etc for a US address, not a Canadian. You may very well be very short of enough acceptable evidence to prove that you have maintained a valid marriage because it is not for the US. While it appears very unlikely you will be found to have a marriage made for immigration purposes, you will have to provide good evidence that you were maintaining permanent residency and ties in the US - for your husband as well as you - and he hasn't yet established those ties because he is still living in Canada.

I suggest you may wish to see an experienced immigration lawyer. If your current lawyer is aware of your not residing in the US and is willing to just file your application, I would seriously think of getting another lawyer. He/she should have informed you of the potential consequences of not taking up physical residency within 6 months of activating the green card.

The main point to remember is that you have to tell the truth to USCIS - if USCIS asks you where you have been physically living DO NOT LIE - that will lead to a claim of fraud and a ban on moving to the US at all, which may or may not be waiverable, but will definitely cost a lot of time and money.

Worst case scenario is that they may decide he gave up his green card by not living in the US and you will have to start the process over again. Do you have legal status in Canada? If so, you could go the DCF route. If not, you may be up for another wait. A knowledgeable lawyer may be able to help you around some of the legalities and see if you do or do not have a potential problem with your husband having abandoned his Permanent Resident status by not living in the US.

Regardless, the I-751 is not filed at the local office. It can only be filed at one of two service centers that are determined by where you live in the US - Vermont or California. Since you are using a Charlotte address, then you would file in Vermont. They are currently taking about a year to adjudicate files. I would seriously recommend you read over the I-751 form and instructions NOW so you can see what you are facing.

Good luck. Here is the link:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Kathryn41 3,205]

Please read this article. It contains important information for both your husband and you. It is something you should have already read, but if you haven't, you will see why I suggest getting a lawyer:

http://www.uscis.gov/files/article/B4.pdf

and here is publication M-618 referred to in the above:

http://www.uscis.gov/files/nativedocuments/M-618.pdf

(see especially page 10)

Edited July 20, 2008 by Kathryn41

[dianemda 0]

Please read this article. It contains important information for both your husband and you. It is something you should have already read, but if you haven't, you will see why I suggest getting a lawyer:

http://www.uscis.gov/files/article/B4.pdf

and here is publication M-618 referred to in the above:

http://www.uscis.gov/files/nativedocuments/M-618.pdf

(see especially page 10)

Kathryn and Aussie Dude,

I can't thank you enough for the reply and advice. Yes, I did read the information on removing conditions, which is what alarmed me. I found a good cross border tax accountant and he has recommended a good lawyer for us. We'll see how it goes.

----------

This is not directed at anyone. I need to vent. - it is so disappointing when you put your trust in people that you pay good money to, you ask questions from people who are supposed to know the answers (including border personnel), you do you very best to play by the rules and comply, you sacrifice and endure cost, stress, and so forth to play by the rules and then WOMP. - So when I hear other "immigrants" who knowingly enter illegally, whining and DEMANDING that they get this, that and the other thing from "America" because it is their right(?) I want to scream. What's good for the goose should be good for the gander. And by the way, doesn't the fact that I was born and raised in the US, that my entire family is there, that they have paid taxes there since they turned of age, have any bearing? Should I not have a leg up?

Another case in point, when I moved with my daughter to New York State (this was supposed to help speed up the green card process for my husband, per the lawyer we used), I worked and kept a bank account. After TWO years I could not get a credit card for $500 and last year (give or take six months) some bonehead at the Bank of America decided is would be a great idea to give all the Mexican immigrants $500 worth of credit!?! Well, it never went ahead, but what hypocracy.

Here in Canada, many immigrants get so much stuff for free and get all the help in the world navigating bureacracy. I can't afford the eyeglasses that I need and an immigrant, here in Toronto, plops down a government voucher for $750 at the opticians and then gets into an ESCALADE!!!!! - Why is it that the people who seem to need it least know how to work the systems best? - I feel like a second class citizen no matter where I go. Get to the back of the line. Hey, I know life isn't always fair. But I just want a shot at working for an honest wage, having a reasonable middle class lifestyle and raising my child in the good old US of A.

Sorry, maybe this isn't the forum but I am just so exasperated.

Please pardon my angst.

[dianemda 0]

Please read this article. It contains important information for both your husband and you. It is something you should have already read, but if you haven't, you will see why I suggest getting a lawyer:

http://www.uscis.gov/files/article/B4.pdf

and here is publication M-618 referred to in the above:

http://www.uscis.gov/files/nativedocuments/M-618.pdf

(see especially page 10)

Kathryn,

I must eat a bit of crow as I know we did receive the document similar to "I am a Permanent Resident", but the detailed brochure "Welcome to the United States, A guide for New Immigrants" is new to me and it does a great job of detailing the information you need to know. - Thankyou. I spent a fair bit of time on line and did not find it for myself . Again thanks.

[sheraz 0]

Please read this article. It contains important information for both your husband and you. It is something you should have already read, but if you haven't, you will see why I suggest getting a lawyer:

http://www.uscis.gov/files/article/B4.pdf

and here is publication M-618 referred to in the above:

http://www.uscis.gov/files/nativedocuments/M-618.pdf

(see especially page 10)

Kathryn,

I must eat a bit of crow as I know we did receive the document similar to "I am a Permanent Resident", but the detailed brochure "Welcome to the United States, A guide for New Immigrants" is new to me and it does a great job of detailing the information you need to know. - Thankyou. I spent a fair bit of time on line and did not find it for myself . Again thanks.

Has your husband been going to the US to fullfill the requirement to not stay out of the country for more than 6 mths or one yr ?

You still have till October to open new bank account and plus the wait at the Vermont center is long. At worst they will send an RFE and hopefully by that time you can demonstrate significant proof of relationship.

The worst thing to do is not do anything. Even with the 10 yr green card the requirement is to maintain PR here. A quick trip to the border can allow that to happen.

[Kathryn41 3,205]

You're welcome - and yes, it is very frustrating in your circumstances. The US immigration process is not an easy path to negotiate - as you can probably tell by the degree of misinformation that lawyers - and even their own 'misinformation' line constantly spread. I am familiar with the Canadian system as well and the US could learn a lot about just the immigration process and processing from Canada. It is appalling, though, when lawyers who are supposed to help you navigate through the obstacle course become one of the obstacles.

If it is any consolation to you, the immigrants you see with vouchers are probably Refugees. They are the only ones who are entitled to take advantage of the tax-based safety nets Canada has in place. Some of them have been waiting for years to have their refugee hearing finalized - and they can keep appealing (although that avenue has recently been closed) so some of them are quite adept at working the system. You do need to have some sort of legal status in Canada as well as the US to find life a little bit easier.

Good luck - I hope that the lawyer the cross-border tax accountant recommended will help you with your situation. Lawyers and immigration consultants are sometimes the worst offenders in the mis-use of immigration information and cause such unnecessary heartache and expense. Certainly argue your circumstances with USCIS - and gather together any documentation you have from the previous lawyer that has given you such grievous mis-information. I don't know if you have some sort of recourse, but definitely report him to the appropriate bar association, either in Canada or the US. It may be small consolation but sometimes every little bit helps.

Edited July 24, 2008 by Kathryn41

[AussieDude 0]

Please read this article. It contains important information for both your husband and you. It is something you should have already read, but if you haven't, you will see why I suggest getting a lawyer:

http://www.uscis.gov/files/article/B4.pdf

and here is publication M-618 referred to in the above:

http://www.uscis.gov/files/nativedocuments/M-618.pdf

(see especially page 10)

Kathryn and Aussie Dude,

I can't thank you enough for the reply and advice. Yes, I did read the information on removing conditions, which is what alarmed me. I found a good cross border tax accountant and he has recommended a good lawyer for us. We'll see how it goes.

----------

This is not directed at anyone. I need to vent. - it is so disappointing when you put your trust in people that you pay good money to, you ask questions from people who are supposed to know the answers (including border personnel), you do you very best to play by the rules and comply, you sacrifice and endure cost, stress, and so forth to play by the rules and then WOMP. - So when I hear other "immigrants" who knowingly enter illegally, whining and DEMANDING that they get this, that and the other thing from "America" because it is their right(?) I want to scream. What's good for the goose should be good for the gander. And by the way, doesn't the fact that I was born and raised in the US, that my entire family is there, that they have paid taxes there since they turned of age, have any bearing? Should I not have a leg up?

Another case in point, when I moved with my daughter to New York State (this was supposed to help speed up the green card process for my husband, per the lawyer we used), I worked and kept a bank account. After TWO years I could not get a credit card for $500 and last year (give or take six months) some bonehead at the Bank of America decided is would be a great idea to give all the Mexican immigrants $500 worth of credit!?! Well, it never went ahead, but what hypocracy.

Here in Canada, many immigrants get so much stuff for free and get all the help in the world navigating bureacracy. I can't afford the eyeglasses that I need and an immigrant, here in Toronto, plops down a government voucher for $750 at the opticians and then gets into an ESCALADE!!!!! - Why is it that the people who seem to need it least know how to work the systems best? - I feel like a second class citizen no matter where I go. Get to the back of the line. Hey, I know life isn't always fair. But I just want a shot at working for an honest wage, having a reasonable middle class lifestyle and raising my child in the good old US of A.

Sorry, maybe this isn't the forum but I am just so exasperated.

Please pardon my angst.

Hey Diane,

Try not to let it get to you too much. I understand your pain. As I've said in a couple of other posts, unfortunately, large bureaucratic systems tend to respond in ways that penalise those who least deserve it.

For example, to prevent illegal immigration by marriage fraud, they've got the conditional residency thing. Who does it end up frustrating? Actual married couples. Those who want to defraud the system will end up finding ways around it. Those of us in real relationships end up having to fit our lives to fit in with the needs of the system (for example, I've found that filing taxes seperately may have allowed us to save a couple of thousand dollars, but unfortunately this is one useful piece of evidence in the I751 process).

The system, as it is currently set up, needs a big overhaul. Everyone knows it, everyone thinks it should be updated, but current political ideologies are offering up impractical solutions. Hence, 20 million illegal immigrants being able to walk over the Southern border, while we end up having to jump through multiple, randomly appearing, and inconsistently applied hoops.

To finish my rant, first we need a good general immigration intake system (Australia and Canada actually have a reasonable system set up for this based on a points system), with reasonable straightforward rules that are applied consistently. Of course, then I wake up from this dream every day